Jun 20, 2013

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How Dangerous Products Get into the Home

The home is where one should always feel safe, and in general that is true. But there are times when the things and consumer goods that are regularly used in the home turn out to be dangerous products that can bring serious harm to household members.

In general, US manufacturers of consumer goods follow strict guidelines for ensuring the safety of products that they produce. This is partly from a sense of corporate responsibility, partly in fear of running foul with consumer protection agencies and risking fines and other sanctions. But there are many opportunities for slips between the cup and lip. This can be in the design, in the production, or in the proper consumer information for inherently dangerous products.
In the first instance, the design of the product is inherently defective and unsafe even with proper use. This could be the improper placement of a part that could lead to mechanical injury or a hazardous chemical reaction. For example, designing a sharp edge to protrude from a kitchen appliance could cause lacerations to the user.

In the second type of product defect, it is in some error made by workers or a malfunction in a machine that could turn out dangerous products. For example, a stuck valve in a dispensing machine could introduce too much of a caustic chemical to cleaning solution, resulting in chemical burns to the user. Or perhaps an absent-minded worker forgets to flip a switch, and the space heater is missing an essential safety feature that may cause a house fire.

The last type of product defect primarily lies in the label and user manual of the product. Some consumer goods are dangerous if used or handle improperly. It is the manufacturer’s responsibility to provide clear and detailed warnings about the risks of purchasing and using the product. A good example is bleach, which most households have. The label for bleach should include the poison symbol, warnings about how it should be used and stored, and instructions about what to do if it is accidentally ingested. Most people are aware of these for common items like bleach, but there are some inherently dangerous products that are not so familiar. The failure to include pertinent information about the proper use, storage and hazards of the product is considered a product defect, and renders the manufacturer liable for any injury or death it may cause.

Most people take for granted that if you buy consumer goods off the shelf, it must be safe. Unfortunately, this is not always true. If you unknowingly brought home a dangerous product that caused harm to you or someone in your family because it was defective, bring the manufacturer to book by retaining the services of a product liability lawyer.

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Jun 19, 2013

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Typical Causes of Emergency Room Error

Stress is perhaps the one thing you will see reflected in everyone’s faces in an emergency room. These include patients, their companions, doctors, nurses and orderlies. The emergency room is by nature a place of tension, and it is perhaps inevitable that the occasional emergency room error will happen even in the best of hospitals in the US.

The standard of care expected in a modern hospital is high, but the emergency room is often the scene of chaos. Doctors and nurses are often rushed when patients needing urgent medical attention outnumber them and mistakes happen. The most common emergency room error is misdiagnosis, closely followed by delayed treatment and failure to order the appropriate tests. Every year, more than 200,000 people die from medical errors, and almost half of those happen in the emergency room.

Causes of Emergency Room Error

One of the most common cause of errors is fatigued and stressed healthcare professionals and support staff. Other causes for emergency room error are:

  • Inadequate resources and equipment
  • Too many patients
  • Not enough staff Inexperienced or untrained staff
  • Not enough beds
  • Failure to follow standard protocol
  • Patient hopping
  • Failure to obtain a complete medical history

While these do contribute to making mistakes, emergency room staff are trained to deal precisely with these problems and take them in stride. There is no excuse for a breach in the standard of care that patients need and expect from healthcare professionals. When an emergency room error leads to unnecessary hardship for the patient, it can render the staff and hospital liable for a medical malpractice suit. If you or someone close to you has suffered injury or death due to emergency room error, you can consult with Habush Habush & Rottier S.C. ® to get a case evaluation. You may be eligible for recovery of actual and exemplary damages. These kinds of damages can discourage hospitals from allowing dangerous conditions that could lead to these situations to exist in their emergency rooms.

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Jun 18, 2013

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Roadway Defects that Lead to Injuries

Driving has its risks; even when you are enclosed in the strong protection of your vehicle, a car accident can cause severe injuries to you, your passengers, or to other motorists. If the accident occurred not because of your fault but because of another’s, then they can be held liable for compensation. Financial compensation for the damages acquired can be given once you have the help of competent car accident attorneys who can represent your plight in court effectively.

There are many reasons why road accidents occur. Some are due to human error or mechanical issues, where both can be prevented and can be under the driver’s control. There are incidents, however, where the driver is entirely is not at fault, such as where roads are not in the best shape. Road hazards such as poorly lit roads, damaged roads, malfunctioning traffic lights, and such can pose a threat to any motorists, even the most careful ones. When accidents occur because of such road hazards, the state, municipality, or the government can be the one responsible.

Potholes are one of the reasons for many road accidents. Even though they are often looked at as mere annoyances on the road, they can inflict damages to the vehicles and the driver. Potholes occur mainly because of two reasons: first, the long term wear-and-tear of the road and second, poor temporary road fixes. According to the website of Ravid & Associates, P.C., when these potholes appear on the roads, they can either cause the driver to lose control of the vehicle, or severely damage the vehicle.

There are things to consider when you think the potholes on the road are the ones that caused your accident. First, make sure that the government has been negligent of their duty to ensure the safety of the roads, and second, that their negligent behavior caused the injuries that you have sustained. Gathering evidence, witness reports and proper documentation is vital in ensuring that you have a strong case against the government, therefore getting expert help from car accident attorneys is the best way to ensure you will have the compensation you deserve.

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Jun 16, 2013

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The Role of Negligence in Personal Injury

A legal term used for an injury that is physical, mental or emotional is called personal injury. A person who has been injured due to the negligence of another person can be held liable to a personal injury lawsuit. Negligence occurs when prevention, or lack thereof, of a person on reasonable mind would or would not do in a particular situation leads to damage, injury, or loss. If you have been a victim of such situation, it would be advisable to contact experienced personal injury attorneys to help you file a lawsuit against the person or persons responsible.

There are factors that should be considered once you are planning to file for personal injury lawsuit. To ensure that you have a strong case against the person responsible for your injury, you should make sure that:

  1. There is a breach of the “duty of care”. An average person can foresee the possible injury that can result from an action or situations, and it is the person’s duty of care to avoid it from happening.
  2. Demonstrate the cause of the injury. It should be shown that the injury was caused by the reckless behavior or action of another person.
  3. The injured person should prove that he or she has suffered damages due to the injury resulting from the carelessness of another person. There should be evidence of the monetary value of the injuries sustained.

For most personal injury cases, it should be proven that the negligence of another person is what caused the injuries. If there is a serious injury caused by negligence, then it can result to large settlements, provided there is help from professional personal injury attorneys. There are many types of negligence that can provide you a strong case to pursue a personal injury lawsuit. However, it should be remembered that every state has their laws pertaining to filing of personal injury lawsuits and the type of injury, damage, or harm that the person has sustained. Talking with a legal counsel would considerably help in attaining the right results in your lawsuit.

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Jun 11, 2013

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The Importance of Informed Consent

medical malpractice lawyersAccording to the website of the Massachusetts personal injury attorneys of Crowe & Mulvey, LLP, every medical procedure, treatment, or medication has their risks and dangers therefore it is important to have you, the patient, give consent before getting these procedures. Hospitals and your physician have the responsibility of informing you how these procedures will be done, the risks that it entails, who will perform these procedures, and possible alternatives that you can choose from. Once these responsibilities are neglected or over passed and you have endured an injury because of the procedure, then you may get the help of medical malpractice attorneys to help file a lawsuit.

Providing important information about the dangers and risks of a specific procedure, treatment, or medication is called informed consent. Before getting these procedures or treatments, you as a patient have the right to be informed about such procedures, and after you will have to sign a consent form allowing the medical professionals to perform the procedure. As an important aspect of a medical malpractice lawsuit, you should understand what the document states otherwise informed consent is not given.

Doctors are not required to talk about all the details surrounding the positive and negative effects of the medical procedure. If the negative effect is not highly possible, they have the option of not discussing it with you. States have different laws regarding which risks should be disclosed, mainly, there are two standards that states to determine this:

  1. Will other doctors disclose these risks?
  2. Will a normal patient choose another option should they be informed of the risks?

There are two exceptions to the rule of informed consent, however: during emergencies (where you are unconscious or when there are time restraints) and the doctor believes you are already in an emotionally fragile state to make a logical decision. If the hospital did not get the informed consent, they can be held liable for damages in two ways: vicarious liability and negligence. If you have been through a procedure without your knowledge or informed consent, then you have the right to contact your medical malpractice attorney to file a lawsuit.

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